An ordinance to limit and restrict to specified districts or zones and to regulate therein, buildings and structures according to their construction and the nature and extent of their use, and the nature and extent of the uses of the land in the Township of Franklin, Somerset County, New Jersey. including the right to regulate and restrict the height, number of stories, sizes of buildings and other structures, the percentage of lot that may be occupied, the size of yards, courts and other open spaces, the density of population and the location and use and extent of use of buildings and structures and land for trade, industry, residence or other purposes, and to establish rules, regulations and standards to govern the subdivision of land within the Township of Franklin, including procedures to be followed by the Township in applying and administering these rules, regulations and standards, and also providing penalties for the violation of said rules and regulations, all pursuant to the authority set forth in the Municipal Land Use Law.
The short title by which this ordinance shall be known shall be The Zoning and Subdivision Ordinance of the Township of Franklin.
This ordinance is adopted pursuant to the Municipal Land Use Law in order to promote and protect the public health, safety, morals and general welfare, and in furtherance of the following related and more specific objectives:
A. To encourage Township action to guide the appropriate use or development of all lands, in a manner which will promote the public health, safety, morals, and general welfare.
B. To secure safety from fire, flood, panic and other natural and man-made disasters.
C. To provide adequate light, air and open space.
D. To ensure that the development of the Township does not conflict with the development and general welfare of neighboring municipalities, the county and the State as a whole.
E. To promote the establishment of appropriate population densities and concentrations that will contribute to the well-being of persons and neighborhoods.
F. To encourage the appropriate and efficient expenditure of public funds by the coordination of public development with land use policies.
G. To provide sufficient space in appropriate locations for a variety of agricultural, residential, recreational, commercial and industrial uses and open space, both public and private, according to their respective environmental requirements in order to meet the needs of all citizens.
H. To encourage the location and design of transportation routes which will promote the free flow of traffic while discouraging location of such facilities and routes which result in congestion or blight.
1. To promote a desirable visual environment through creative development techniques and good civic design and arrangements.
J. To promote the conservation of open space and valuable natural resources and to prevent urban sprawl and degradation of the environment through improper use of land.
K. To encourage coordination of the various public and private procedures and activities shaping land development with a view of lessening the cost of such development and to the more efficient use of land.
In the interpretation and the application of the provisions of this ordinance, they shall be held to be the minimum requirements for the promotion of the health, safety, morals and general welfare. This ordinance is not intended to interfere with, abrogate, or annul other rules, regulations or ordinances; provided that where this chapter imposes greater restrictions upon the use of buildings or premises, or upon the height or bulk of a building, or requires larger open spaces, the provisions of this ordinance shall apply.
ACCESSORY BUILDING OR USE. A building or use that is incidental to the principal building or use on the same lot.
ADMINISTRATIVE OFFICER. The Director of Land Use or such- person designated. by this ordinance.
ALTERATIONS. As applies to a building or a structure, any change or re-arrangement in the structural parts or facilities, or any enlargement to or diminution of a building or structure, whether horizontally or vertically, or the moving of a building or structure from one location to another.
APPLICANT. A developer submitting an application for development.
APPLICATION FOR DEVELOPMENT. The application form and all accompanying documents required by ordinance for approval of a subdivision plat, site plan, planned development, conditional use, zoning variance or direction of the issuance of a permit pursuant to C.40:55D-34 or C.40:55D-36 of the Municipal Land Use Law.
APPROVING AUTHORITY. The planning board of the municipality unless a different agency is designated by ordinance when acting pursuant to the authority of the Municipal Land Use Law.
AUTOMOBILE SERVICE STATION. Any building, land area or other premises, or portion thereof, used or intended to be used for the retail dispensing or sales of vehicular fuels; and including as an accessory use the sale and installation of lubricant, tires, batteries and similar accessories, and customary servicing and minor repair of vehicles.
AVERAGE DENSITY. The total number of units divided by the total area designated as a residential cluster.
BANNER. Any sign of lightweight plastic, fabric, or other material that is temporarily mounted flush on the building, between standards for permitted off-premise signs, or suspended over a public right of way. Flags, as defined herein, shall not be considered banners for the purpose of this ordinance. (Added 6/25/91 by ordinance #1646)
BASEMENT. A story partly above grade level, having one-half (1/2) or more of its floor to ceiling height above the average level of the adjoining ground.
BILLBOARD. (Deleted 6/25/91 by ordinance #1646)
BOARD OF ADJUSTMENT. The Board established pursuant to C.40:55D-69 of the Municipal Land Use Law.
BUFFER. An area consisting of trees, shrubs, solid fencing, berms or a combination of all of these so installed as to provide a visual or an acoustical barrier between uses. No building, driveway, parking lot, street, sign (except traffic directional sign) or storage of materials shall be-permitted within a required buffer.
BUILDING. A combination of materials to form a construction adapted to permanent, temporary, or continuous occupancy and having a roof.
BUILDING COVERAGE. The proportion of the total lot area expressed as a percent that is covered by the horizontal area measured within the outside of the exterior walls of the ground floor of all principal and accessory buildings on a lot. In the event that any other floor of a building exceeds the dimensions of the ground floor, the. area of the larger floor shall be used in the computation of building coverage.
BUILDING HEIGHT. The vertical distance measured from the average elevation of the finished grade at the front of the building to the highest point of the roof. Chimneys, spires, towers, elevator, penthouses, tanks and similar projections other than signs shall not be included in calculating the height.
BUILDING, PRINCIPAL. See Principal Building.
CAPITAL IMPROVEMENT. A governmental acquisition of real property or major construction project.
CELLAR. A story with less than one-half (1/2) of its floor to ceiling height above the average finished grade of the adjoining ground.
CERTIFICATE OF OCCUPANCY. A document issued by the Code Enforcement Officer upon completion of the construction of a new building or upon a change in the use of the occupancy of a building which certifies that the applicant has complied with all requirements of this ordinance, or such adjustments thereof which have been granted by the Approving Authority and all other applicable requirements.
CHURCH. A building or structure, or group of buildings or structures where persons regularly assemble for worship, which by design and construction are primarily intended for the conducting of organized religious services and accessory uses associated therewith.
CIRCULATION. Systems, structures, and physical improvements for the movement of people, goods, water, air, sewerage or power by such means as streets, highways, railways, waterways, towers, airways, pipes and conduits, and the handling of people and goods by such means as terminals, stations, warehouses, and other storage buildings or transshipment points.
CLUSTER OPEN SPACE/PRESERVATION AREAS. (Added 2/9/88 by Ordinance No. 1380) Land set aside, dedicated, designated or reserved for public or private use as active or passive recreation, preservation areas, historically significant areas, or agriculture or horticulture, which shall be appropriately landscaped if required.
CLUSTER OPEN SPACE AREAS. shall preferably be located in one contiguous parcel but, should unique site conditions dictate two or more sections of open space, the minimum size of any such cluster open spaces areas shall be not less than 2 acres in an RD development, 5 acres in an AC development, and 15 acres with no portion thereof less than 500 feet in width in an NRPC development except, however, the Planning Board may allow the creation of a Preservation Area less than 15 acres or less than 500 feet in width as may be reasonable and within the general purpose and intent of this ordinance if the literal enforcement of the provisions of this subsection is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question. For purposes hereof, Preservation Areas in an NRPC tract shall be cluster open space areas set aside for preservation of natural resource features such as but not limited to forested areas, hedgerows, significant stands of trees or individual trees of significant size; farmland and recently cultivated farm fields; natural wildlife habitats; stream corridors, headwaters of streams, wetlands, floor plains, flood hazard areas, ponds or lakes, rock outcroppings, including the bluffs or cliffs along the D & R Canal State Park; frontage along the D & R Canal State Park; historic structures, sites, villages or districts, and frontage along any existing or proposed reservoir, and all reservoir-owned acreage.
CLUSTER OPEN SPACE. shall not include parking areas, vehicular rights of way, driveways, and drainage facilities such as detention areas, retention areas or swales. However, provided it can be demonstrated that a drainage facility can be located within the portion of the cluster open space devoted to active agricultural or horticultural use without precluding said use, the Planning Board may permit such location. Any area within a lot in excess of lot area requirements which is the subject matter of a conservation easement shall qualify as cluster open space, provided it complies with all other criteria contained in Sections 112-30, et. seq.
COMMON OPEN SPACE. See Open Space, Common.
COMMUNITY RESIDENCE. For purposes of this ordinance, the phrase community residences for the developmentally disabled and community shelters for victims of domestic violence shall be limited to facilities which are licensed pursuant to P.L. 1977, C.448 C30:11B-1 et. Seq. Or C.30:40-1-14 to provide food, shelter and personal guidance to mentally ill persons or persons who have been the victim of domestic violence pursuant to C.40:55D-66.1 and C.40:55D-66.2.
COMPLETE APPLICATION. An application form completed as specified by this chapter and the rules and regulations of the board or agency. before which the application is to be presented and all accompanying documents required by ordinance for approval of the application for development, including where applicable, but not limited to, a site plan or subdivision plat, provided that the board or agency may require such additional information not specified in this chapter, or any revisions in the accompanying documents, as are reasonably necessary to make an informed decision as to whether the requirements necessary for approval of the application for development have been met. The application shall not be deemed incomplete for lack of such additional information or any revisions in the accompanying documents so required by the municipal board or agency. An application shall be certified as complete immediately upon the meeting of all requirements specified in the ordinance and in the rules and regulations of the municipal board or agency, and shall be deemed complete as of the day it is so certified by the administrative officer for purposes of the commencement of the time period for action by the municipal agency.
CONDITIONAL USE. A use permitted in a particular zoning district only upon a showing that such use in a specified location will comply with the conditions and standards for the location or operation of such use as contained in the zoning ordinance, and upon the issuance of an authorization therefor by the planning board.
CONVENTIONAL DEVELOPMENT. Development other than planned development.
COUNTY MASTER PLAN. A composite of the master plan for the physical development of the county, with the accompanying maps, plats, charts and descriptive and explanatory matter adopted by the county planning board pursuant to R.S-40:27-2 and R.S. 40:27-4.
COUNTY PLANNING BOARD. The Planning Board of Somerset County.
COURT. Any open, unoccupied area which is bounded by three or more attached walls.
DAYS. Calendar days.
DEVELOPER. The legal or beneficial owner or owners of a lot or of any land proposed to be included in a proposed development including the holder of an option or contract to purchase, or other person having an enforceable proprietary interest in such land.
DEVELOPMENT. The division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure, or of any mining, excavation or landfill, and any use or other change in the use of any building or other structure, land or extension of use of land for which permission may be required pursuant to this ordinance.
DEVELOPMENT REGULATION. A zoning ordinance, subdivision ordinance, site plan ordinance, official map ordinance or other municipal regulation of the use and development of land, or amendment thereto adopted and filed pursuant to the Municipal Land Use Law.
DISTRICT OR ZONE. Any part of the territory of Franklin Township which is designated on the Zoning Map to which certain uniform regulations and requirements of this ordinance apply.
DRAINAGE. The removal of surface water or groundwater from land by drains, grading or other means and includes control of runoff during and after construction or development to minimize erosion and sedimentation, to assure the, adequacy of existing and proposed culverts and bridges, to induce water recharge into the ground where practical, to lessen nonpoint pollution, to maintain the integrity of stream channels for their biological functions as well as for drainage, and the means necessary for water supply preservation or prevention or alleviation of flooding.
DRAINAGE RIGHT OF WAY. The land required for the installation of storm water sewers or drainage ditches, or required along a natural stream or water course for preserving the channel and providing for the flow of water therein to safeguard the public against flood damage in accordance with Chapter One of Title 58 of the Revised Statutes.
DRIVE-IN ESTABLISHMENTS. An establishment which by design of physical facilities or by service or packaging procedures encourages or permits customers to receive a service or obtain a product which may be used or consumed in a motor vehicle on the premises or to be entertained while remaining in an automobile.
DWELLING, SINGLE FAMILY DETACHED. A building which is not attached to any other dwelling by any means and- designed for or occupied exclusively by one family and containing no more than one kitchen facility.
DWELLING, MULTI-FAMILY. A building designed for and occupied exclusively by three or more families and containing three or more dwelling units.
DWELLING, MULTI-LEVEL A building more than 2-1/2 stories and containing three or more units.
DWELLING, TWO FAMILY A building on a single lot containing two dwelling units, each of which is totally separated from the other by an unpierced wall extending from ground to roof or an unpierced ceiling and floor extending from exterior wall to exterior wall except for a common stairwell exterior to both dwelling units.
DWELLING UNIT One or more rooms, designed, occupied or intended for occupancy as separate living quarters, with cooking, sleeping and sanitary facilities provided within the dwelling unit for the exclusive use of a single family maintaining a household.
ENVIRONMENTAL COMMISSION A municipal advisory body created pursuant to C.40:56A-1 et. seq.
EROSION The detachment and movement of soil or rock fragments by water, wind, ice and gravity.
FAMILY One or more persons related by blood, marriage, adoption or guardianship living together as a single housekeeping unit in a dwelling.
FARM, COMMERCIAL, MANAGEMENT UNIT, MARKET, PICK-YOUR-OWN OPERATION [Amended 8/8/00 by Ordinance #3149] As defined in Section 112-9, Supplementary Regulations Subsection P, Right to Farm Provisions.
FAST SERVICE RESTAURANT [Deleted 6/11/96 by Ord. No. 1962]
FENCE A structure which encloses or borders a field or yard.
FINAL APPROVAL The official action of the pinning board taken on a preliminarily approved major subdivision or site plan after all conditions, engineering plans and other requirements have been completed or fulfilled and the required improvements have been installed or guarantees properly posted for their completion, or approval conditioned upon the posting of such guarantees.
FINAL PLAT The final map of all or a portion of the subdivision which is presented to the Approving Authority for final approval in accordance with these regulations, and which, if approved, shall be filed with the proper county recording officer.
FLAG Any fabric, cloth, or bunting containing distinctive colors, patterns, or symbols, used as a symbol of a government, political subdivision, or other nonprofit entity or established commercial entity, displayed on a flagpole. Government flags shall observe protocol. Any other similar items shall not be considered a flag, but shall be considered a freestanding, projecting, or attached sign depending upon the manner of display. Flags as defined herein are exempt from the provisions of this ordinance. (Added 6/25/91 by ordinance #1646)
FLOOR AREA RATIO The floor area ratio shall be the computed mathematical ratio of the gross floor area divided by the total lot area.
**Webmasters Note: The previous definitions, Dwelling, Multi-Level through Floor Area Ratio, have been amended as per the 2000 Supplement.
PARKING OPERATION. Any facility which is intended for either a horticultural use; a use intended for the raising of animals; or a use intended for the raising of livestock. A single-family dwelling may be included as a part of the operation, together with not more than three other dwellings for tenant workers, migrant workers or caretakers.
FAST SERVICE RESTAURANT. [Deleted 6/11/96 by Ord. No. 1962]
FENCE. A structure which encloses or borders a field or yard.
FINAL APPROVAL. The official action of the planning board taken on a preliminarily approved major subdivision or site plan after all conditions, engineering plans and other requirements have been completed or fulfilled and the required improvements have been installed or guarantees properly posted for their completion, or approval conditioned upon the posting of such guarantees.
FINAL PLAT. The final map of all or a portion of the subdivision which is presented to the Approving Authority for final approval in accordance with these regulations, and which, if approved, shall be filed with the proper county recording officer.
FLAG. Any fabric, cloth, or bunting containing distinctive colors, patterns, or symbols, used as a symbol of a government, political subdivision, or other nonprofit entity or established commercial entity, displayed on a flagpole. Government flags shall observe protocol. Any other similar items shall not be considered a flag, but shall be considered a freestanding, projecting, or attached sign depending upon the manner of display. Flags as defined herein are exempt from the provisions of this Ordinance. (Added 6/25/91 by Ordinance #1646)
FLOOR AREA RATIO. The floor aria ratio shall be the computed mathematical ratio of the gross floor area divided by the total lot area.
FOOT-CANDLE. The illumination at all points one (1) foot distance from a uniform point of one (1) candle power.
GARAGE, PRIVATE RESIDENTIAL. A structure which is accessory to a residential building and which is used for the parking and storage of vehicles owned and operated by the residents thereof, and which is not a separate commercial enterprise available to the public.
GARAGE, PUBLIC. A building, or portion thereof, other than a private customer and employee garage or private residential garage, used primarily for the parking and storage of vehicles and available to the general public.
GARDEN APARTMENT A building not more than 2-1/2 stories exclusive of chimney or tower, on one lot containing three or more separate dwelling units, sharing joint utility services or facilities, and not having common access hallways serving more than two (2) dwelling units.
GARDEN APARTMENT DEVELOPMENT. Two or more garden apartment buildings on a single lot.
GLARE. The sensation produced by the brightness within the visual field that is sufficiently greater than the luminance to which the eyes are adapted, causing annoyance, discomfort, or loss of visual performance or visibility.
DIRECT GLARE. Results from high brightness or insufficiently shielded light sources in the field of view or from reflecting areas of high brightness.
REFLECTED GLARE. Results from specular reflections of high brightness in polished or glossy surfaces in the field of view.
GOLF COURSE. A tract of land for playing golf containing a minimum of 9 holes in length, which may include the necessary and, usual accessory uses and structures such as but not limited to: clubhouse facilities, dining and refreshment facilities, swimming pools, tennis courts, and equipment storage facilities provided that the operation of such facilities is incidental and subordinate to the operation of the golf course.
GOVERNING BODY. The Township Council of the Township of Franklin.
GRADE, FINISHED. The final elevation of the ground surface after development.
GROSS FLOOR AREA. The sum of the gross horizontal areas measured from the exterior walls of each story of a building but not including a cellar story.
HISTORIC SITE. Any building, structure, area or property that is significant in the history, architecture, archeology or culture of this State, its communities or the Nation and has been so designated pursuant to the Municipal Land Use Law.
HOME OCCUPATION. Any activity carried out for gain by a resident conducted as an accessory use in the resident's dwelling unit.
HOSPITAL. An institution providing health services and medical or surgical care to persons; primarily temporary in-patients suffering from illness, disease, injury, deformity, or other abnormal physical or mental condition, and including as an integral part of the institution related facilities. Hospital does not include institutions for the permanent care of, or occupation by, the poor, infirm, incurable or insane.
HOTEL An establishment offering to the general public transient lodging accommodations including one bathroom to each room but not including cooking facilities and which may provide additional services such as restaurants, meeting rooms, and recreation facilities.
**Webmasters Note: The previous definition has been amended as per supplement dated 12/31/99.
HOTEL, EXTENDED STAY [Added 12/14/99 by Ord. No. 3091] Any building containing six (6) or more guest rooms intended or designed to be used, or which are used, rented, or hired out to be occupied, or which are occupied for sleeping purposes for transient guests. Extended Stay Hotels shall contain kitchen facilities for food preparation including but not limited to such facilities as refrigerators, stoves and ovens. Appliances shall be either in a self-contained single unit or compact in size. Extended Stay Hotels may provide additional services such as restaurants, meeting rooms, and recreation facilities. Residence shall be limited to one (1) year or less, with 50% of the units limited to a maximum stay of ninety (90) days.
**Webmasters Note: The previous definition has been added as per supplement dated 12/31/99.
IMPERVIOUS COVERAGE The percent of lot area covered by impervious surfaces.
IMPERVIOUS SURFACE Any material which substantially reduces or prevents the infiltration of storm water into previously undeveloped land. Impervious surface shall include graveled driveways and parking areas.
INDOOR RECREATION FACILITIES [Added 10/14/97 by Ord. No. 2038] One or more roofed and enclosed buildings or structures designed and equipped for the conduct of sports, leisure time activities and other customary and usual recreational activities, such as but not limited to tennis courts, handball and racquetball courts, soccer fields, batting cages, skating and roller rinks, pools and gymnasiums, and other active recreation activities.
INTERESTED PARTY An interested party means
(a) in a criminal or quasi criminal proceeding, any citizen of the State of New Jersey; and
(b) in the case of a civil proceeding in any court or in an administrative proceeding before a municipal agency, any person, whether residing within or without a municipality, whose right to use, acquire, or enjoy property is or may be affected by any action taken under this act, or under any other law of this State or of the United States have been denied, violated or infringed by an action or a failure under this act.
JUNK YARD A lot, land or structure, or part thereof, used for the purchase, collection, storage, recycling or sale of wastepaper, rags, scrap metal or other scrap or discarded goods, materials, machinery or vehicles. 1997
KENNEL An establishment licensed to operate a facility housing dogs, cats or other household pets and where grooming, breeding, boarding, training or selling of animals is conducted as a business. Building and operating standards shall comply with local and state Department of Health standards.
LABORATORIES OF AN EXPERIMENTAL, RESEARCH OR TESTING NATURE A facility for carrying on investigation in the natural, physical or social sciences, or engineering and development as an extension of such investigation, and which does not produce noticeable noise, vibration, smoke, dust, odors, heat or glare outside the buildings.
LAND Any ground, soil or earth, including sandy areas, marshes, swamps, drainage ways and areas not permanently covered by water. The term "land" includes improvements and fixtures on, above or below the surface.
LOT A designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit.
LOT AREA An area of land which is determined by the limits of the lot lines bounding the area and is always expressed in terms of square feet or acres. Any portion of a lot included in an existing street or street proposed by the applicant as part of a major subdivision Plan shall not be included in calculating lot area.
LOT CORNER A lot or parcel of land abutting upon two or more existing or proposed streets at their intersection, or upon two parts of the same street forming an interior angle of less than 135 degrees. Corner lots with streets on two sides shall have two front yards along the streets and two side yards opposite the front yards. Corner lots with streets on three sides shall have three front yards along the streets and one side yard for the remaining yard. (Amended 5/23/89 by Ordinance #1488)
LOT COVERAGE Same as Building Coverage.
LOT DEPTH. The shortest horizontal distance between the front lot line and a line drawn parallel to the front lot line through the midpoint of the rear lot line. (Amended 4/25/89 by ordinance #1481)
LOT FRONTAGE. The length of the front lot line measured at the street(s) right-of-way line. In case of corner lots, the frontage shall be met along all streets. In the case of lots fronting on a cul-de-sac street, the frontage for lots fronting on the turnaround portion of the street shall be measured along the front setback line but in no case shall the length of the lot line coexistent with the street line be less than two-thirds of the required front lot width. (Amended 5/23/89 by Ordinance #1488)
LOT, THROUGH. A lot, other than a corner lot, which has more than one frontage. (Amended 5/23/89 by ordinance #1488)
LOT WIDTH. The width of a lot shall be the distance between the side lot lines of said lot measured at and along a line parallel to the front lot line which is drawn at a distance therefrom a distance equal to the required depth of the front yard.
LOW INCOME HOUSING. Housing which is designated to be made available for sale or lease on such basis that the costs shall not exceed 30% of gross family income and which is available for families or individuals whose incomes do not exceed 50 percent of the median income of the area with adjustments for family size as defined for the County by the U.S. Department of Housing and Urban Development Section 8 guidelines.
MAINTENANCE GUARANTEE. Any security, other than cash, which may be accepted by a municipality for the maintenance of any improvements required by this act.
MAJOR SUBDIVISION. Any subdivision not classified as a minor subdivision.
MASTER PLAN. A composite of one or more written or graphic proposals for the development of the municipality as set forth in and adopted pursuant to C.40:55D-28.
MAYOR. The Mayor of the Township of Franklin.
MINOR SITE PLAN. A Development Plan of one or more lots which
(1) does not involve proposed disturbance or structures in excess of 5,000 square feet and does not require relief from any provisions of this ordinance;
(2) does not involve planned development, any new street or extension of any off-tract improvement which is to be prorated pursuant to Section 112-26B of this Ordinance, and
(3) contains the information reasonably required in order to make an informed determination as to whether the requirements established by Section 112-16D (1) have been met, and
(4) has not been the site of a Minor Site Plan application within the preceding twelve months as measured from the date of the adoption or the approval of a Minor Site Plan. [Amended 12-8-92 by ordinance #1749; 4/27/93 by Ord. No. 17721
MIXED USE BUILDING. A principal building which is designed for and occupied by both residential and non-residential uses which are permitted within the zone. (Amended 5/13/86 by ordinance #1278)
MINOR SUBDIVISION. In order to be classified as a minor subdivision, the proposed subdivision must meet the following criteria:
(a) Create three or less lots including the original tract if it remains a lot with frontage on an existing street;
(b) Property in question has not been subdivided within the past ten years;
(c) Not involving the creation of more than one lot on a private right of way;
(d) Not involving a planned development, any new streets or the extension of any off-tract improvements, the cost of which is to be pro-rated pursuant to Section 112-26B of this ordinance. [Amended 6/23/92 by ordinance #1715]
MODERATE INCOME HOUSING. Housing which is designated to be made available for sale or lease on such basis that the costs will not generally exceed 30% of gross family income and which is available for families or individuals, whose incomes do not exceed 80 percent of the median income of the Township's housing region, with adjustments for smaller and larger families as defined for the County by the U.S. Department of Housing and Urban Development Section 8 guidelines.
MOTEL. An establishment providing transient accommodations containing six or more rooms with at least 25% of all rooms having direct access to the outside without the necessity of passing through the main lobby of the building.
MUNICIPALITY. The Township of Franklin.
MUNICIPAL AGENCY. A municipal planning board or board of adjustment, or a governing body of a municipality when acting pursuant to. this act, and any agency which is created by or responsible to one or more municipalities when such agency is acting pursuant to this act.
NON-CONFORMING LOT. A lot the area, dimension or location of which was lawful prior to the adoption, revision or amendment of a zoning ordinance, but fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.
NON-CONFORMING STRUCTURE. A structure the size, dimension or location of which was lawful prior to the adoption, revision or amendment of a zoning ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption, revision or amendment.
NON-CONFORMING USE. A use or activity which was lawful prior to the adoption, revision or amendment of a zoning ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption, revision or amendment.
NURSING HOME. A building providing lodging and nursing care for convalescents, or providing facilities for rehabilitation to the aged, infirm, ill or handicapped, and which includes those establishments generally known or recognized as convalescent homes, nursing homes or rehabilitation homes.
OFFICIAL COUNTY MAP. The map, with changes and additions thereto, adopted and established, from time to time, by resolution of the board of chosen freeholders of the county pursuant to R.S. 40:27-5.
OFFICIAL MAP. A map adopted by ordinance pursuant to C.40:55D-32 et. seq.
OFF-SITE. Located outside the lot lines of the lot in question but within the property (of which the lot is a part) which is the subject of a development application, or contiguous portion of a street or right-of-way.
OFF-TRACT. Not located on the property which is the subject of a development application nor on a contiguous portion of a street or right-of-way.
ON-SITE. Located on the lot-in question.
ON-TRACT. Located on the property which is the subject of a development application or an a contiguous portion of a street or right-of-way.
OPEN SPACE. Any parcel or area of land or water essentially unimproved and non-impervious, set-aside and dedicated, designated or reserved for public or private use or enjoyment or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space; provided that such areas may be improved with only those buildings, structures, streets and offstreet parking and other improvements that are designed to be incidental to the natural openness of the land and which does not include road rights-of-way.
OPEN SPACE, CLUSTER. Land within a cluster development pursuant to E800 herein set aside, dedicated, designated, or reserved for public or private use as active or passive recreation, preservation of environmentally sensitive areas, or historically significant areas, or agriculture or horticulture which shall be appropriately landscaped if required. Cluster open space areas shall preferably be located in one contiguous parcel, but should unique site conditions dictate two or more sections of open space, the minimum size of any cluster open space areas shall be no less than 2 acres in an RC development, and 5 acres in an AC or NRPC development. Cluster open space shall not include any required lot or yard areas, parking areas, vehicular right of ways, driveways, and drainage facilities such as detention areas, retention areas, or swales. However, provided it can be demonstrated that a drainage facility can be located within the portion of the cluster open space devoted to active agricultural or horticultural use without precluding said use, the Planning Board may permit such location. Any area within a lot in excess of lot area requirements which is the subject matter of a conservation easement shall qualify as cluster open space. (Amended 12/8/87 by Ordinance 11375)
OPEN SPACE, COMMON. Land within or related to a development which is not individually owned or dedicated for public use and which is designed and intended for the use or enjoyment of residents and owners of the development. Common open space may contain only such complementary structures and improvements as are appropriate for the recreation and enjoyment of residents and owners of the development.
OPEN SPACE, USEABLE. An area of land set aside, dedicated, designated or reserved for public or private use as active or passive recreation and which -shall be appropriately landscaped. Useable open space areas shall have a minimum of dimension of 50 foot length and 50 foot width as measured at right angles and shall not include the front yard set back areas, parking areas, vehicle access roads, driveways, and drainage facilities such as detention areas, retention areas or swales.
OPEN SPACE- PUBLIC. An open space area conveyed or otherwise dedicated to the municipality, municipal agency, board of education, State or County agency, or other public body for recreational or conservational uses.
PARKING LOT. An off-street, ground level area, usually surfaced and improved, for the temporary storage of motor vehicles and including parking spaces, aisles, maneuvering areas and plantings.
PARKING SPACE. A space for the parking of a motor vehicle within a public or private parking area.
PARTY IMMEDIATELY CONCERNED. For the purposes of notice, any applicant for development, the owners of the subject property and all owners of property and government agencies entitled to notice under C.40:55D-12.
PENNANT. Any lightweight plastic, fabric, or other material, whether or not containing a message of any kind, suspended from a rope, wire, or string, usually in series. (Added 6/25/91 by Ordinance #1646)
PERFORMANCE GUARANTEE. Any security, which may be accepted by the Township in the form of cash, certified check, performance bond, surety bond, or certificate of deposit endorsed to the Township, provided that the Township shall not require more than 10% of the total performance guarantee in cash.
PLANNED DEVELOPMENT. The term planned development shall include planned unit residential development, residential cluster, planned commercial development or planned industrial development.
PLANNING BOARD. The municipal planning board established pursuant to C.40:55D-23.
PLAT. A map or maps of a subdivision or site plan.
PRELIMINARY APPROVAL. The conferral of certain rights pursuant to C.40:55D-46, C.40:55D-48, C.40:55D-49 prior to final approval after specific elements of a development plan have been agreed upon by the approving authority and the applicant.
PRELIMINARY FLOOR PLANS AND ELEVATIONS. Architectural drawings prepared during early and introductory stages of the design of a project illustrating in a schematic form, its scope, scale and relationship to its site and immediate environs.
PRESERVATION AREAS. [Added 7/8/97 by Ord. No. 2012] Preservation Areas shall be open space areas set aside for preservation of natural resource features such as but not limited to forested areas, hedgerows, significant stands of trees or individual trees of significant size; farmland and recently cultivated farm fields; natural wildlife habitats; stream corridors, headwaters of streams, wetlands, flood plains, flood hazard areas, ponds or lakes, rock outcroppings, including the bluffs or cliffs along the D & R Canal State Park; historic structures, sites, villages or districts and all reservoir-owned acreage; and shall include open space and cluster open space as defined herein.
PRINCIPAL BUILDING. A building in which is conducted the principal use of the lot on which it is located.
PROFESSIONAL OFFICE. A building or portion thereof used as a place of business of a person, corporation, firm or public agency for professional services and administrative or executive purpose as distinguished from a shop or store.
PROPRIETARY SCHOOL. A school which is privately owned and operated on a for-profit basis.
PUBLIC AREAS -
(1) Public parks, playgrounds, trails, paths and other recreational areas
(2) Other public open spaces
(3) Scenic and historic sites
(4) Sites for schools and other public buildings and structures.
PUBLIC DEVELOPMENT PROPOSAL. A master plan, capital improvement program or other proposal for land development adopted by the appropriate public body, or any amendment thereto.
PUBLIC DRAINAGE WAY. The land reserved or dedicated for the installation of storm water sewers or drainage ditches, or required along a natural stream or watercourse for preserving the biological as well as drainage function of the channel and providing for the flow of water to safeguard the public against flood damage, sedimentation, and erosion and to assure the adequacy of existing proposed culverts and bridges, to induce water recharge into the ground where practical, and to lessen nonpoint pollution.
PRIVATE CLUB OR LODGE. A building and related facilities owned or operated by a corporation, association, or group of individuals established for the fraternal, social, educational, recreational or cultural enrichment of its members and not primarily for profit, and whose members meet certain prescribed qualifications for membership and pay dues.
QUASI-PUBLIC USE. A use owned or operated by a non profit, religious, club, fraternity or eleemosynary institution and providing educational, cultural, recreational, religious or similar types of public programs.
QUORUM. The majority of the full authorized membership of a municipal agency.
RESIDENTIAL CLUSTER. An area to be developed as a single entity according to a plan containing residential housing units which have a common or public open space area as an appurtenance.
RESIDENTIAL DENSITY. The number of dwelling units per gross acre of residential land area including streets, easements, open space, water areas and lands with environmental constraints unless otherwise specified.
RESUBDIVISION -
(1) The further division or relocation of lot-lines of any lot or lots within a subdivision previously made and approved or recorded according to law.
(2) The alteration of any streets or the establishment of any new streets within any subdivision previously made and approved or recorded according to law, but does not include conveyances so as to combine existing lots by deed or other instrument.
SEDIMENTATION. The deposition of soil- that has been transported from its site of origin by water, ice, wind, gravity or other natural means as a product of erosion.
SETBACK. The distance between the street right-of-way line and the front line of a building or any other projection thereof, excluding uncovered steps.
SETBACK, FRONT. The minimum horizontal distance between the street and the front line of a building or any projection thereof, excluding uncovered steps.
SETBACK, REAR. The minimum horizontal distance between the rear lines of the lot and the rear setback line.
SETBACK, SIDE. The minimum horizontal distance between the side lines of the lot and the side setback line.
SETBACK LINE. A line within any lot parallel to any property line between which line and the property line no building or portion thereof may be erected except as otherwise provided for in this Ordinance.
SIGN. Any object, device, display or structure, or part thereof, situated outdoors or indoors, which is used to identify, display, direct or attract attention to an object, person, institution, organization, business, product, service, event or location by any means, including words, letters, figures, design, symbols, fixtures, colors, illumination or projected images.
SIGN, EXTERNALLY LIGHTED. Any sign whose sole source of artificial illumination is outside the display portion of the sign.
SIGN, FREE-STANDING. Any sign attached to a structure, the sole purpose of which is to support the sign and which is detached from any building.
SIGN, INTERNALLY LIGHTED. Any sign whose sole source of artificial illumination is contained within the display portion of the sign.
SIGN, TEMPORARY. Any sign, displaying information, on the premises for a limited period of time. (Amended 6/12/90 by Ordinance #1577)
SIGN, WARNING. Any sign whose purpose is to provide awareness to traffic control and safety precautions.
SIGN AREA. The entire face of a sign including the surface and any framing, trim or molding, but not including the supporting structure.
SIGN SETBACK. The length of a line perpendicular to the lot line or curb line, whichever is farther from the street center line, drawn from the lot or curb line to the sign.
SITE PLAN. A development plan of one or more lots on which is shown:
(1) The existing and proposed conditions of the lot, including but not necessarily limited to topography, vegetation, drainage, flood plains, marshes and waterways;
(2) The location of all existing and proposed buildings, drives, parking spaces, walkways, means of ingress and egress, drainage facilities, utility services, landscaping, structures and signs, lighting, and screening devices; and
(3) Any other information that may be reasonably required in order to make an informed determination pursuant to an ordinance requiring review and approval of site plans by the planning board adopted pursuant to C.40:55D-37 et.' seq.
SOLAR ACCESS. Access to unobstructed direct sunlight of a southerly exposure of the principal building. Solar Access shall be considered adequately available if the southerly wall of a proposed building has unobstructed access to sunlight for 45% of the time between 8:45 a.m. and 3:15 p.m. local time on December 21st.
SOLAR EASEMENT. Any easement created for the purpose of securing adequate solar access to a solar energy system. Any instrument creating a solar easement shall include but not be limited to a description of
(1) the vertical and horizontal angles, expressed in degrees, at which the solar easement extends over the real property subject to the solar easement,
(2) any terms or conditions or both under which the solar easement is granted or will be terminated, and
(3) any provisions for compensation of the owner of the property benefiting from the solar easement in the event of interference with the enjoyment of the solar easement or compensation of the owner or the property subject to the solar easement for maintaining the solar easement.
SOLAR ENERGY SYSTEM. A complete design or assembly consisting of a solar energy collector, an energy storage facility and components of the distribution system.
STANDARDS OF PERFORMANCE. Standards adopted by ordinance pursuant to C.40:55D 65d regulating noise levels, glare, earthborne or sonic vibrations, heat, electronic or atomic radiation, noxious odors, toxic matters, explosive and inflammable matters, smoke and airborne particles, waste discharge, screening of unsightly objects or conditions and such other similar matters as may be reasonably required by the municipality.
STORY. The portion of any building comprised between any floor and the floor or roof next above provided that the average height between the floors or roof is no less than seven (7) feet.
STREET. Any street, avenue, boulevard, road, parkway, viaduct, drive or other way:
(1) which is an existing State, county or municipal roadway; or
(2) Which is shown upon a plat heretofore approved pursuant to law; or
(3) Which is approved by official action as provided by this ordinance; or
(4) Which is shown on a plat duly filed and recorded in the office of the county recording officer prior to the appointment of a planning board and the grant to such board of the power to review plats; and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas and other areas within the street lines.
STREET, MAJOR ARTERIAL. A street with access control, channelized intersections, restricted parking and which collects and distributes traffic to and from minor arterials.
STREET, ARTERIAL. Designed to provide for inter-municipal and through community traffic flow. Arterial streets are generally the higher speed routes for regional traffic flow as indicated on the Circulation Plan Map of the Franklin Township Comprehensive Plan.
STREET, MAJOR COLLECTOR. The principal streets providing traffic flow throughout the Township by connecting the various residential and industrial areas.
STREET, COLLECTOR. The streets which link the many small local roads into the overall traffic flow system of the township. Collectors serve as the first stage point of traffic concentration for the local roads.
(1) Residential. Those collector streets which solely serve residential areas.
(2) Non-Residential. Those collector streets not in residential areas.
STREET, LOCAL. Those streets which primarily serve only those lots located on the street. Use as a through street is generally limited.
(1) Residential. Those local streets which solely serve residential areas.
(2) Non-Residential. Those local streets not in residential areas.
STRUCTURE. A combination of materials to form a construction for occupancy, use or ornamentation whether installed on, above, or below the surface of a parcel of land.
SUBDIVISION. The division of a lot, tract or parcel of land into two or more lots, tracts, parcels or other divisions of land for sale or development. The following shall not be considered subdivisions within the meaning of this act, if no new streets are created:
(a) divisions of land found by the planning board or subdivision committee thereof appointed by the chairman to be for agricultural purposes where all resulting parcels are 5 acres or larger in size,
(b) divisions of property by testamentary or intestate provisions,
(c) divisions of property upon court order, including but not limited to judgements of foreclosure,
(d) consolidation of existing lots by deed or other recorded instrument and
(e) the conveyance of one or more adjoining lots, tracts or parcels of land, owned by the same person or persons and all of which are found and certified by the administrative officer to conform to the requirements of this ordinance and are shown and designated as separate lots, tracts or parcels on the tax map or atlas of the municipality. The term subdivision shall also include the term resubdivision.
SUBDIVISION COMMITTEE. A committee of at least three Planning Board members appointed by the chairperson for the purpose of classifying subdivision, approving minor and final subdivision plans and recommending action on land subdivision by the Board.
TOWNHOUSE. A building designed for or occupied exclusively by one family and included in a row of at least three such units in which each unit has its own front and rear access to the outside, no units are located over another unit and each unit is separated from any other unit by one or more common fire resistant walls. For the purpose of this chapter, a townhouse may include a building in fee simple, condominium or cooperative ownership or any combination thereof.
TRAILER : A structure used for living or sleeping purposes which is equipped with wheels and is towed or hauled by another vehicle for the purpose of transporting such structure from place to place, or any unit used for temporary living, sleeping or temporary office purposes, whether supported by posts or any other type of foundation.
VARIANCE : Permission to depart from the literal requirements of a zoning ordinance pursuant to C.40:55D-40b., C.40:55D-70d. of the Municipal Land Use Law.
WIRELESS COMMUNICATION ANTENNAS : [Added 5/22/01 by Ord. No. 3222] Devices which are used for the transmission and reception of wave frequencies for the purposes of any wireless communication (e.g., telephone, radio, internet, paging and/or television communication) and which are permitted in accordance with the specific zoning conditions and standards for their location, approval and operation included within this Development Ordinance. For the purposes of this ordinance, "Wireless Communication Antennas" shall not be considered to be a "Public Utility".
YARD, FRONT : An open, unoccupied space on the same lot with the principal building, extending the full width of the lot and situated between the front property line and the front setback line projected to the side lines of that lot. Front setback line shall be synonymous with the front yard line.
YARD, REAR : The open space between the rear property line and the rear setback line and extending between side property lines.
YARD, SIDE : An open, unoccupied space between the side line of the lot and the nearest side setback line and extending in width from the front yard line to the rear yard line, or in the absence of either of such yards, to the front or rear lot lines as the case may be. The depth of a side yard shall be measured at right angles to the side line of the lot.
ZONING PERMIT : A document signed by the administrative officer:
(1) Which is required by ordinance as a condition precedent to the commencement of a use or the erection, construction, reconstruction, alteration, conversion, or installation of a structure or building; and
(2) Which acknowledges that such use, structure or building complies with the provisions of the municipal zoning ordinance or variance therefrom duly authorized by a municipal agency pursuant to C.40:55D-60, C.40:55D-70 of the Municipal Land Use Law.
**Webmasters Note: The previous Definitions, Townhouse through Zoning Permit, have been amended as per the 2001 Supplement.
